On September 27, 2024, the Regional Court (Landgericht) of Hamburg, a court of first instance (the “Court”), dismissed a cease-and-desist claim by the photographer Robert Kneschke against LAION e. V. that the scraping of his...more
10/4/2024
/ Artificial Intelligence ,
Cease and Desist Orders ,
Copyright ,
Copyright Infringement ,
Data Mining ,
EU ,
Germany ,
Machine Learning ,
Opt-Outs ,
Software ,
The Copyright Act ,
Training ,
Web Scraping
The highly anticipated EU Artificial Intelligence Act is finally here! With extra-territorial reach and wide-reaching ramifications for providers, deployers, and users of Artificial Intelligence (“AI”), the Artificial...more
3/15/2024
/ Artificial Intelligence ,
Copyright ,
Data Mining ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Enforcement ,
EU ,
European Parliament ,
General Data Protection Regulation (GDPR) ,
Governance Standards ,
Innovative Technology ,
Machine Learning ,
National Security ,
OECD ,
Technology Sector
To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more
7/6/2023
/ Advertising Standards Authority ,
Artificial Intelligence ,
DATA Act ,
Digital Marketplace ,
Digital Services ,
EU ,
European Parliament ,
European Union Intellectual Property Office (EUIPO) ,
FRAND ,
Greenwashing ,
Ministry of Justice ,
Online Platforms ,
Piracy ,
Popular ,
Standard Essential Patents ,
Subscription Services ,
UK ,
UK Competition and Markets Authority (CMA) ,
Unfair Trade Practices Act
To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more
4/6/2023
/ Advertising Standards Authority ,
Artificial Intelligence ,
Corporate Counsel ,
Corporate Taxes ,
Cyber Threats ,
DATA Act ,
Digital Service Providers ,
Digital Services ,
Duty To Repair ,
EU ,
European Commission ,
European Parliament ,
False Advertising ,
General Data Protection Regulation (GDPR) ,
Greenwashing ,
Internet Service Providers (ISPs) ,
Misleading Statements ,
Network and Information Security Directive ,
Popular ,
Research and Development ,
Tax Credits ,
Technology ,
Websites ,
Withdrawal Agreement
To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more
1/10/2023
/ Compliance ,
Consumer Rights Directive ,
Content Marketing ,
Corporate Counsel ,
Cyber Incident Reporting ,
Cybersecurity ,
Designated Contract Markets (DCMs) ,
Digital Communications ,
Digital Markets Strategy ,
Digital Services ,
Enforcement ,
EU ,
European Commission ,
Harmonization Rules ,
Member State ,
Minors ,
OFCOM ,
Online Platforms ,
Popular ,
Risk Assessment ,
Targeted Digital Advertising ,
UK ,
Whistleblowers
The EU is ramping up strict and tort product liability for faulty AI and software. The current revision of the Product Liability Directive 85/374/EEC includes AI, software, and even digital services in the IoT space in the...more
To help organisations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more
10/12/2022
/ Artificial Intelligence ,
Competition ,
Corporate Counsel ,
Digital Assets ,
Digital Marketplace ,
Digital Service Providers ,
Digital Services ,
EU ,
European Commission ,
Germany ,
Net Neutrality ,
Non-Fungible Tokens (NFTs) ,
OFCOM ,
Online Platforms ,
Popular ,
Regulatory Reform ,
Regulatory Standards ,
Telecommunications ,
UK
As part of the new Fair Consumer Contracts Act, Germany will soon require specific cancellation/termination mechanisms for consumer subscriptions. These mechanisms come on top of the updated EU-wide consumer contract rules...more
10/7/2021
/ Cancellation Rights ,
Compliance ,
Consumers ,
Digital Services ,
E-Commerce ,
EU ,
Germany ,
Online Platforms ,
Subscription Services ,
Termination ,
Websites
With a judgment dated April 27 and published on June 4, 2021, the German Federal Court (Bundesgerichtshof – the “Court”) declared unfair and therefore illegal and unenforceable a common way to make changes to terms and...more
The German Federal Supreme Court presses the EU Court of Justice to clarify when online platforms are liable under EU law for damages for copyright infringements by content made available by their users.
Content uploaded...more
The European Union is close to finalizing a new regulation on the free flow of non-personal data within the EU. This is part of an EU goal to remove technical and legislative barriers to open data flows, including data...more
On July 5, 2018, the European Parliament rejected the proposed amendments to the new Copyright Directive: Article 11, which attempts to protect press publications from impermissible digital use, and Article 13, which attempts...more
The European Union’s legislators have reached an agreement on the revision of the EU’s Audiovisual Media Services Directive (AVMSD). The reform aims at providing a uniform legal and market framework for different types of...more
Linear TV and radio services are increasingly being consumed via the internet. Technical developments allowing the on-demand consumption of audio and audio-visual content on different user devices have also changed viewer...more
Geo-blocking is the practice of preventing internet users in one jurisdiction from accessing services elsewhere based on the user’s geographic location. The European Commission wants to eliminate geo-blocking within the EU –...more
The European Union (“EU”) has long had a focus on consumer protection of EU residents. A new proposed EU regulation is set to improve the cross-border enforcement regime for consumer protection legislation. The new rules will...more
The European Union (EU) has made reform of the e-commerce rules in Europe one of its main priorities for 2018.
The European Commission has already published two proposed Directives relating to cross-border e-commerce but...more
Summary -
The European Union (EU) has made reform of the e-commerce rules in Europe one of its main priorities for 2018.
The European Commission has already published two proposed Directives relating to cross-border...more
Copyright reform is a key part of the European Union’s package of measures designed to create a Digital Single Market (DSM) in the EU. The European Commission’s view is of nothing less than a modernisation of EU copyright...more
10/11/2016
/ Copyright ,
Court of Justice of the European Union (CJEU) ,
Digital Single Market ,
Disability ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Member State ,
Popular ,
Publishers ,
Remuneration
The European Commission has proposed legislation in the EU to provide a uniform legal and competition framework for video-streaming services provided via the Internet. The regime includes changes to advertising, the...more
8/18/2016
/ Advertising ,
Audiovisual Media Services Directive (AVMSD) ,
Broadcasting ,
Cable Television Providers ,
Data-Sharing ,
Digital Media ,
Digital Single Market ,
EU ,
European Commission ,
Film Industry ,
Internet Streaming ,
On-Demand Services ,
Online Platforms ,
Online Videos ,
Product Placement ,
Social Media ,
UK Brexit ,
Video ,
Website Owner Liability
In May 2015, the European Commission announced its Digital Single Market Strategy to accelerate the creation of a digital single market (DSM) across the EU. The EU’s aim is to broaden access to e-commerce, media and...more
8/15/2016
/ Burden of Proof ,
Competition ,
Consumer Rights Directive ,
CPC Regulation ,
Cross-Border ,
Digital Goods ,
Digital Single Market ,
Draft Digital Contract Directive ,
Draft Online Goods Directive ,
E-Commerce ,
EU ,
European Commission ,
Geo-Blocking ,
International Harmonization ,
Member State ,
Online Platforms ,
Personal Data ,
Product Defects ,
Shipping ,
Telecommunications ,
UK ,
Value-Added Tax (VAT)
The European Commission has published two draft directives on the supply of digital content and the online sale of goods that aim to help harmonise consumer law across Europe. In proposing these new laws, the European Union...more
The European Commission’s proposal for cross-border portability of online content services for consumers is poised to bring changes to territorial licensing in the EU -
Last year, we reported on the Commission’s...more
In This Issue:
- Federal Circuit Affirms PTO in First Appeal of an Inter Partes Review Decision
- EU Copyright: No Resale of Digital Content Except for Software?
- Qualcomm Agrees to $975 Million Fine and...more
4/13/2015
/ Broadest Reasonable Interpretation Standard ,
China ,
Copyright ,
EU ,
Fraud ,
International Trade Commission (ITC) ,
Jurisdiction ,
Patent Trial and Appeal Board ,
Patents ,
Qualcomm ,
Standard Essential Patents ,
Trademarks
The European Court of Justice (ECJ) has decided that the rule of exhaustion of the distribution right upon first sale (in the U.S. known as the “first sale” doctrine) does not apply to post first-sale alterations to the...more